Transfer of significant assets in a listed company:
Evolution towards competence of the general meeting
Recent amendments to Belgian company law require that transfers of 75 per cent or more of the assets of a Belgian listed company are now subject to shareholder approval. Article 7:151/1 of the Code of Companies and Associations (BCCA), introduced in 2024, aims to enhance shareholder protection and introduces several important compliance obligations for boards of directors.
Key topics include:
- A detailed explanation of the (new) Belgian legal regime applicable to significant asset transfers by listed companies;
- Guidance on the interpretation to be given to the new regime, the applicable procedure and calculation method, and disclosure requirements; and
- Comparative insights contrasting the Belgian approach with those in selected European and international jurisdictions, identifying key similarities and distinctions relevant for cross-border structurings.
Read our full analysis (€) offering a comprehensive examination of the legislative changes and compliance considerations, as well as key recommendations for effective implementation and structuring in light of the new rules.
